DIVISION OF PRIVATE OCCUPATIONAL SCHOOLS



RULES AND REGULATIONS

Concerning

The Private Occupational Education Act of 1981

EFFECTIVE January 31, 2017

Private Occupational School Board

Colorado Department of Higher Education

Division of Private Occupational Schools

1560 Broadway – Suite 1600

Denver, CO 80202

The official publication of these rules exists in the Colorado Code of Regulations

(8 Colorado Code of Regulations 1504-1)

DEPARTMENT OF HIGHER EDUCATION

Division of Private Occupational Schools

RULES AND REGULATIONS CONCERNING THE PRIVATE OCCUPATIONAL EDUCATION ACT OF 1981

The official publication of these rules exists in the Colorado Code of Regulations (8 CCR 1504-1)

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

STATEMENT OF BASIS AND PURPOSE

The Private Occupational School Board, Colorado Department of Higher Education adopts these Rules and Regulations pursuant to the rule making authority as stated in the Private Occupational Education Act of 1981, Colorado Revised Statutes, Article 59 of Title 12 (“The Act” ), for the purpose of delineating and clarifying the respective responsibilities of the Private Occupational School Board, the Division of Private Occupational Schools and the Private Occupational Schools under the Act as revised.

II. GENERAL AND ADMINISTRATIVE

FEE SCHEDULE

Effective Date January 31, 2017

|FEE TYPE |FEE AMOUNT |

| | |

|Provisional School: Initial Application for Certificate of Approval (COA)* |$ 5,000.00/ school* |

|--includes all new Programs and Stand Alone Courses |$ 2,500.00/ campus |

| | |

|Initial COA Application for Additional Campus | |

| | |

| |Per School/Campus |

| | |

|Renewal School: Standard COA – three (3) year period |$ 2,000.00 |

| | Per Program and/or |

| |Stand Alone Course |

| | |

|Programs/Courses: New Program/Stand Alone Course per Campus for already approved schools |$ 500.00 |

|Major Revision Program/Stand Alone Course per campus | |

|Minor Revision Program/Stand Alone Course per campus |$ 500.00 |

| |$125.00 |

| | |

| |Per Agent |

| | |

|In-State Agent Permit: |$ 300.00 |

| | |

|In-State Agent Permit for Multiple Campus Locations under same ownership with |$ 300.00 |

|same school name: One (1) Permit per agent—valid at all campus locations (Provisional or | |

|Standard COA) | |

| | |

| |Per Agent |

| | |

|Out-of-State Initial/Renewal: Initial application and annual renewal |$ 2,500.00 |

| | |

|Out-of-State Agent Permit per Year under same ownership with same school name: One (1) Permit per agent—valid at all campus |$ 300.00 |

|locations | |

| | |

| |Per Enrolled Student |

| | |

|Student Assessment: In-State and Out-of State, Quarterly per Enrolled Student |$ 5.00 |

|(out-of-state is Colorado resident that resides with-in Colorado receiving training or Colorado resident recruited to attended |(Subject to Change) |

|out-of-state school) | |

| | |

| |Per School/Campus |

| | |

| | |

|Change of School Location |$ 500.00 |

| | |

| | |

|Change of School Name |$ 250.00 |

| | |

| | |

|Change of School Ownership |$ 5000.00 |

| | |

| |Per Transcript |

| | |

|Student Transcript for Closed School |$35.00 |

|Failure to pay and/or late payment of fees |1st violation: minimum $100; 2nd |

| |minimum $300; 3rd minimum $500, |

| |and each violation thereafter |

| |$500. |

|Failure to adequately and timely submit Annual Filings pursuant to Rule V |$500 minimum per violation per |

| |year |

*Initial application fee for provisional/new schools includes a combination of up to 5 total programs and stand-alone courses for consideration. Any additional programs or stand-alone courses are subject to the Programs/Course fees listed above.

PLEASE NOTE:

1. Please make all checks payable to: “DPOS” or “Division of Private Occupational Schools”

2. Fees are NOT refundable.

3. Fees are established pursuant to C.R.S. 12-59-116 (1) “for the direct and indirect costs of the administration of” the

Private Occupational Education Act of 1981.

IV. APPLICATION FOR CERTIFICATE OF APPROVAL AND SURETY REQUIREMENTS

E. Surety Bonds and Surety Bond Alternatives

1. At the time application is made for a Certificate of Approval, or when new programs, stand-alone courses or continuing education courses are added, the applicant shall file with the Division a surety bond or surety alternative which meets the requirements set forth in these Rules. Schools located in Colorado each shall file one bond or alternative covering the school and its agents.

a. A school whose surety value is found by the Board to be insufficient to fund the unearned, prepaid tuition of enrolled students shall be noncompliant with these Rules, and, if, after a period of time determined by the Board from the issuance of a notice of noncompliance, the school has not increased its surety to an acceptable level, it shall be subject to revocation or suspension of its certificate of approval.

b. Pursuant to C.R.S. 12-59-113(5) , 12-59-115(10) and 12-59-115(12):

(1) Schools must submit a continuation certificate to the Division no less than fifteen (15) days prior to the renewal date of the bond confirming the next term of coverage.

(2) Schools must submit the following for alternative surety instruments:

(i) Schools that have assigned a certificate of deposit to the Division as a surety bond alternative must submit a bank statement or other acceptable verification from the bank within fifteen (15) days of the maturity date or as requested by the Board. The bank statement must show that the certificate of deposit account remains open, the account number, the amount of the Certificate of Deposit, and the next maturity date/ term.

(ii) Schools that have assigned a savings account to the Division as a surety bond alternative must submit annually, or as requested by the Board, a current bank statement or other acceptable verification from the bank confirming the account remains open. The bank statement must show the savings account number and the balance of the savings account.

(iii) Schools that have assigned an irrevocable letter of credit to the Division as a surety bond alternative must submit verification that the letter of credit requirements are still being met and that the irrevocable letter of credit remains in effect, within fifteen (15) days prior to the expiration date or as requested by the Board. The verification must include the letter of credit number, the amount, and the next expiration date or term, if applicable.

(iv) Schools that have executed a participation contract with a private association, partnership, corporation or other entity whose membership is comprised of private occupational schools must submit annually, within fifteen (15) days prior to the execution anniversary date, or as requested by the Board, verification that the participation contract is current. The verification must include the amount and the next expiration date or term, if applicable.

XI. DISCIPLINARY ACTIONS

D. Administrative Fines. In addition to or in lieu of seeking a temporary restraining order or an injunction pursuant to Section 12-59-125(1), C.R.S., the Board may impose an administrative fine on a School or Agent which violates the Act, the Rules, or an order of the Board. Fines for violations shall be determined by the Board pursuant to the Act and the Rules. There is no statutory minimum or maximum fine amount prescribed by the Act. Fines may be imposed by the Board, unless otherwise provided by the Act or the Rules.

1. Procedure.

a. Notice of Non-Compliance. Based upon a reasonable belief that a violation occurred, the Board shall issue a Notice of Non-Compliance to the School or Agent requesting a response. After receiving the response, the Board shall deliberate and make a decision on the issuance of a fine and the fine amount.

b. Notice of Fine. If the Board decides to fine a School or Agent, the Board shall issue a Notice of Fine, which shall:

(i) Identify the School or Agent;

(ii) Provide a concise statement of the facts and/or conduct constituting the violation and the specific statutory provision or rule violated;

(iii) The fine assessed in accordance to this Rule;

(iv) A statement that the School or Agent has a right to request a hearing of the Board’s decision; and

(v) A statement of how and when the fine must be paid.

2. Factors Used to Determine Fine Amount. In determining whether to impose a fine and the amount of the fine, the Board shall consider and take into account the following aggravating and mitigating factors in establishing the degree of seriousness of the violation(s) for which to impose a fine on a School or Agent:

(a) Aggravating Factors.

- The School or Agent has failed to correct the violation or continues or repeats the violation;

- The violation involved intentional, misleading and false representation, reporting and disclosure;

- The actual and potential damages suffered, and actual or potential costs incurred, by the Board, or by any other person as a result of the violation;

- The violation resulted in intentional and reckless willful and negligent conduct;

- The violation resulted in significant negative impact, threat or harm to the public; and

- The School or Agent has engaged in a pattern of noncompliance with Board laws, rules and orders.

(b) Mitigating Factors:

- The School or Agent self-reported the violation;

- The School or Agent demonstrated prompt, effective and prudent response to the violation, to remedy and mitigate whatever harm might have been done as result of the violation;

- The School or Agent cooperated with the Board, or other agencies and impacted parties with respect to addressing the violation; and

- The violation was outside of the entity’s reasonable control and responsibility.

3. Schedule of Fines. Unless otherwise provided by the Act, the Board may utilize the following classification table in determining and imposing administrative fines on a School or Agent:

|Violation |Fine |

|Deceptive Trade or Sales Practice |$1000 minimum for each violation. |

|12-59-106(1)(k), 12-59-117, C.R.S., and | |

|Board Rule VII | |

|Operating after expiration date of |$1000 minimum for violation and $50 each |

|certificate of approval, 12-59-107(1)(a), |day in violation. |

|C.R.S. Board Rule IV.F | |

|Operating without adequate Surety |$1000 minimum for violation and $50 each |

|Coverage, 12-59-115, C.R.S., and Board |day in violation. |

|Rule IV.E.1-10 | |

|Offering Program/Courses without Board |$500 minimum fine for each violation |

|approval 12-59-106(1)(c), C.R.S., Rule | |

|III.B.1 | |

|Unauthorized Agent, 12-59-111(1) & (2), |$500 minimum for violation and $50 per day|

|C.R.S and Board Rule VI |in violation. |

|Failure to adhere to state refund policy |1st violation: minimum $100; 2nd minimum |

|upon student withdraw or termination, |$300; 3rd minimum $500, and each violation|

|12-59-114, C.R.S., and Board Rule VIII |thereafter. |

|Unqualified instructional staff, |1st violation: minimum $200; 2nd violation|

|12-59-106(1)(e), C.R.S., and Board Rule |minimum $300; 3rd violation minimum $500 |

|III.E.2 |and each violation thereafter. |

|Failure to timely and adequately correct |1st Offense minimum $100 per violation; |

|an on-site inspection deficiency and/or |2nd Offense minimum $300 per violation; |

|application/record review 12-59-106, C.R.S|3rd Offense minimum $500 per violation, |

| |and each violation thereafter. |

|False statement about material fact in |$500 minimum per violation |

|application, 12-59-106, C.R.S., and Board | |

|Rule XI.A | |

|Failure to properly execute student |$200 minimum per violation |

|enrollment agreement, 12-59-120(1) and | |

|Board Rule III.J | |

|Any other violation of the Act, Rule or |$100 to $5000 per violation |

|order of the Board | |

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